OR 2001-953 Calls special August electionAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2001-953
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD AUGUST 11, 2001 TO
CONSIDER THE ADOPTION OF A SALES AND USE TAX AT THE
RATE OF ONE-HALF OF ONE PERCENT FOR THE PURPOSE OF
FINANCING AUTHORIZED PROGRAMS OF THE COPPELL
EDUCATION DEVELOPMENT CORPORATION OF COPPELL FOR
FOUR (4) YEARS AND ON PROPOSED AMENDMENTS TO THE HOME
RULE CHARTER; MAKING PROVISIONS FOR THE CONDUCT OF
THE ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Senate Bill 607 was passed by the 77th Texas Legislature amending the TEXAS
LOCAL GOVERNMENT CODE to add Chapter 379A to authorize municipalities to foster economic
opportunity, job generation, and capital investment by promoting a favorable business climate,
preparing the workforce for productive employment, and supporting infrastructure development
through the creation of a municipal development corporation authorized under the statute, funded by
the levy of a sales and use tax for the benefit of the corporation authorized by a majority of the
voters of a municipality voting in an election called for that purpose; and
WHEREAS, the City Council has reviewed the Home Rule Charter to determine the
necessity for any amendments thereto; and
WHEREAS, the City Council desires to conduct an election on proposed amendments in
conjunction with the special election for the adoption of a sales tax and use tax for the purpose of
financing authorized programs for the Coppell Education Development Corporation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That a special election is hereby ordered to be conducted on August 11,
2001, at which election all qualified voters may vote "for" or "against" the following ballot
proposition:
Education Development Sales Tax Proposal
"The adoption of sales and use tax, for a four (4) year period, at the rate of one-half
of one percent for the purpose of financing programs to publicly funded education
institutions through the Coppell Education Development Corporation for the
1 41728
promotion of literacy, foreign language, and career technology for the development
of a skilled workforce."
SECTION 2. The hereinafter proposed amendments to the Home Rule Charter of the
City of Coppell, Texas, contained in Exhibit "A" attached hereto and made a part of this
Ordinance for all purposes shall be submitted to the City's qualified voters for their approval or
disapproval at the special election to be held on Saturday, August 11, 2001.
SECTION 3. The notice of the charter election shall be posted on the bulletin board
used to publish notice of the City Council meeting, be published in a newspaper of general
circulation published in the City and must include a substantial copy of the proposed
amendments. Said notice must be published on the same day in each of two successive weeks,
with the first publication occurring before the fourteenth day before the date of the election. A
copy of the published notice that contains the name of the newspaper and the date of publication
shall be retained as a record of such notice, and the person posting the notice shall make a record
of the time of posting, starting date, and the place of posting, which shall be the bulletin board
used to post notice of City Council meetings.
SECTION 4. Each charter amendment submitted must contain only one subject, and the
ballot shall be prepared in a manner that the voters may vote "for" or "against" on any
amendment or amendments without voting "for" or "against" on all of said amendments. Each
such proposed amendment, if approved by the majority of the qualified voters voting at said
election, shall become a part of the Home Rule City Charter of the City of Coppell, Texas. The
ballot propositions for the proposed amendments to the Home Rule City Charter are as follows:
2 41728
PROPOSED HOME RULE CHARTER AMENDMENTS
PROPOSTION 1
"Shall Article 3, Section 3.01 of the Coppell Charter be amended to increase the
terms of office for the Mayor and Council members from two (2) years to three
(3) years, beginning with the regular municipal election for May 2002."
PROPOSITION 2
"Shall Article 3, Section 3.06 (C) of the Coppell Charter be amended to fill
vacancies in the office of Mayor and Council member by special election as
allowed by state law."
PROPOSITION 3
"Shall Article 7, Section 7.04.D. of the Coppell Charter be amended to authorize
the City Manager to transfer unencumbered funds in the City budget among
departments, offices and agencies within a fund of the City as allowed by state
law."
PROPOSITION 4
"Shall Section 8.03 of Article 8, and Section 9.02 of Article 9 be deleted, and
Article 8, Section 8.01 of the Coppell Charter be amended to authorize the City
Council to establish, by ordinance, such boards, commissions, and committees as
required or permitted by state law and/or deemed necessary by the City Council."
PROPOSITION 5
"Shall Article 8, Section 8.04 of the Coppell Charter be amended to eliminate
references to boards, commissions, and committees established by the Charter in
regard to the rules, conduct, and compensation for City boards, commissions, and
committees."
SECTION 5. That not later than the twenty-first (21st) day before election day, notice of
the special election, which shall contain the location of each polling place, shall be posted on the
bulletin board used to post notices of City Council Meetings.
SECTION 6. That a substantial copy of this ordinance shall serve as proper notice of said
election. Said notice, including a Spanish translation thereof, shall be also be published once in a
3 41728
newspaper of general circulation published within the City, not earlier than the thirtieth (BOth) day
nor later than the tenth (10th) day before election day. A copy of the published notice that contains
the name of the newspaper and the date of publication shall be retained as a record of said notice,
and the person posting notice shall make a record of the time of posting, starting date, and the place
of posting.
SECTION 7. The special election will be conducted in accordance with an Election
Services Agreement between the City of Coppell, Texas and Dallas County, Texas Elections
Department in which the City Manager is hereby authorized to execute on behalf of the City. The
method of election will be as provided in such contract.
SECTION 8. Pursuant to the Election Services Agreement, Elections Administrator of
Dallas County shall serve as Elections Administrator for the election. Presiding Election Judges
and an Alternate Presiding Election Judge appointed to serve at the polling place shall be those
election officials furnished by the Elections Administrator from the list of proposed election
judges listed in the Election Services Agreement.
SECTION 9. In compliance with Section 271.006 of the TEXAS ELECTION CODE, Libby
Ball, City Secretary, is Early Voting Clerk. Bruce R. Sherbert, Dallas County Elections
Administrator, will be appointed as the Chief Deputy Early Voting Clerk. Other Deputy Early
Voting Clerks will be appointed as needed to process early voting mail and to conduct early voting
by personal appearance.
SECTION 10. An early voting ballot board shall be created to process early voting results
in accordance with Section 87.001 of the TEXAS ELECTION CODE. The early voting ballot board
shall be made up of members appointed in the manner stated in the Election Services Agreement
4 41728
and the Presiding Judge and Alternate Presiding Judge of the early voting board shall be the election
officials listed in the Election Services Agreement.
SECTION 11. Applications for early voting ballot by mail received by the City of Coppell
will be transported by runner on the date received to Bruce R. Sherbert, Early Voting Clerk, Dallas
County Elections Department, 2377 North Stemmons Freeway, Suite 820, Dallas, Texas 75207.
SECTION 12. The early voting by personal appearance shall be conducted in the Town
Center located at 255 Parkway Boulevard, Coppell, Texas 75019 beginning Wednesday, July 25,
2001 and continuing through Friday, July 27, 2001 between the hours of 8:00 a.m. and 5:00 p.m.;
Monday, July 30, 2001 through Friday, August 3, 2001 between the hours of 8:00 a.m. and 5:00
p.m.; Saturday, August 4, 2001 between the hours of 8:00 a.m. and 5:00 p.m.; Sunday, August 5,
2001 between the hours of 1:00 p.m. and 6:00 p.m.; Monday, August 6, 2001 and continuing
through Tuesday, August 7, 2001 between the hours of 7:00 a.m. and 7:00 p.m.
SECTION 13. In accordance with Section 123.001 of the TEXAS ELECTION CODE, the
direct record voting systems approved by the Secretary of State are hereby adopted for use
during early voting and election date for the special election on August 11,2001.
SECTION 14. The voting hours for the special election on August 11, 2001 will be from
7:00 a.m. to 7:00 p.m. in the Town Center Atrium located at 255 Parkway Boulevard, Coppell,
Texas 75019.
SECTION 15. The City Secretary shall present the election returns to the City Council
which shall canvass the returns and declare the results not earlier than the third (3rd) day nor later
than the sixth (6th) day after the election in accordance with the TEXAS ELECTION CODE.
SECTION 16. That this ordinance shall take effect immediately from and after its passage,
as the law and charter in such cases provide.
5 41728
DULY PASSED by the City Council of the City of Coppell, Texas, this the 26th day of
June, 2001.
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT E. HAGER, CITY ATTORNEY
(PGS/pgs/tt107/16/01)
6 41728
EXHIBIT "A"
ARTICLE 3. THE CITY COUNCIL
Sec. 3.04
Number, selection and term.
The legislative and governing body of the city shall consist of a mayor and seven
councilmembers and shall be known as the "City Council of the City of Coppell, Texas."
The mayor and councilmembers shall be elected by the qualified voters of the city
at large, each of whom, unless sooner removed by the provisions of this charter,
shall serve for a term of two three (3) years or until their successors have been
duly elected and qualified. All members of the City Council, other than the
mayor, shall be elected under the place system Each counci!member shall occupy
a ~,,,o,.,,.~^~;+; .... ,,. +~.~ r~;,.,,~ r~,~,,..,.~,:~ such positions being numbered as Places 1 through
7.
Commencing with the regular municipal election of 2002 councilmembers for
Places 1, 3, 5, and 7 shall be elected for a term of three (3) years· Commencing
with the regular municipal election of 2003 councilmembers for Places 2, 4, 6 and
the mayor shall be elected for a term of three (3) years.All
..................... Dlaoc ......................... Dlaoc
Sec. 3.06
Vacancies, forfeiture and filling of vacancies.
A. Vacancies ....
B. Forfeiture ....
vacancy occurs in the office of Mayor or Councilmember, a special election shall be
called for the earliest date permi~ed by state law for the pu~ose of filling such position
for the remainder of the unexpired term· All vacancies filled by special election shall be
for the remainder of the unexpired term of the office so filled·
PROPOSITION 1
PROPOSITI( ,N 1
PROPOSITI( ,N 2
ARTICLE 7.
Sec. 7.04 Amendments after adoption.
A.
B.
C.
D.
MUNICIPAL FINANCE
Supplemental Appropriations ....
Emergency Appropriations ....
Reduction of Appropriations ....
Transfer of Appropriations. At any time during the fiscal year, the city manager
may transfer part or all of any unencumbered appropriation balance among programs
w;O';~. ... a department_s, offices_ or agenciesy of the city._ Upon .... v,**,,~.
PROPOSITIIN
Sec. 7.12
Financial Report.
The city manager shall submit to the City Council,~,~* .,o ;*o -.o,C'ro* ~,,...,~.c~ *-~,***~*;"" each
month the financial condition of the city by budget item, budget estimate versus accruals
for the preceding month and for the fiscal year to date. The financial records of the city
will be maintained on an accrual basis to support this type of financial management.
ARTICLE 8. BOARDS, COMMISSIONS AND COMMITTEES
Sec. 8.01 Authority.
The City Council shall create, establish or appoint, as may be required by the laws of
the State of Texas or *~';~,.~o ,~.,,~'~,~, such boards, commissions and committees as it deems
necessary to carry out the functions and obligations of the city. The City Council shall, by
ordinance, prescribe the purpose, composition, functions, duties, accountability and tenure
of each board, commission and committee, where such are not prescribed by law or this
Individuals may be appointed to serve on more than one (1) board, commission or
committee. The City Council may, by ordinance, consolidate the functions of the various
boards, commissions or committees enumer~ded in this ....... of the city.
The City Council may appoint certain ad hoc committees by resolution.
PROPOSITION 4
PROPOSITION 5
PROPOSITION 5
PROPOSITItN 5
Sec. 8.034. General.
A. Open Meetings. All meetings of any board, commission or committee created,
established or appointed by this chager or the City Council shall be open to the public,
PROPOSITI' )N 5
PROPOSITI' )N 5
PROPOSITI' )N 5
PROPOSITI' )N 5
PROPOSITI' )N 5
PROPOSITION 6
unless otherwise permitted by law and shall be subject to both current and future laws of
the State of Texas concerning public meetings.
B. Appeals to City Council. An appeal may be taken to the City Council from any
decision of any board, commission, committee or other body except from decisions of the
Board of Adjustment and other such boards where the appeal is otherwise prescribed by
law. Such appeals shall be perfected by filing a sworn notice of appeal with the city
secretary within thirty (30) days from the rendition of the decision of the board, committee
or other body. Prior to the institution of any appeal in a court of law by an aggrieved
person from a decision of such board, commission, committee or other body, the appeal
first must be perfected to the City Council.
C. Compensation. Subject to the provisions of any law of the State of Texas or this
...................... :, all members of any City board, commission, committee or other
body will serve without compensation by may be reimbursed for any necessary expenses
as a result of their work.
D. Minutes. All boards, commissions or committees of the city shall keep and
maintain minutes of any proceedings held and shall submit a written report of such
proceedings to the City Council at least once each month.
E. Exclusion of City Officers and Employees. No officer of the city nor nay person
who holds a compensated appointive position with the city shall be appointed to any
board, commission or committee created or established by this cha~eP~he city other than in
an advisory capacity.
F. Rules and Regulations. All boards, commissions and committees established or
created by this chaaer City Council shall set out their own rules and regulations as
approved by the City Council for operation thereof unless specifically prescribed by the
laws of the State of Texas, this charter or ordinance. Except as provided by State law,
ordinances creating any board, commission or committee shall provide that if any member
is absent from three consecutive regular meetings, such position shall be declared vacant
and the vacancy may be filled for the remainder of the unexpired term by the City Council
within thirty (30) days after the vacancy occurs.
PROPOSITION 6
PROPOSITION 6
PROPOSITION 6
ARTICLE 9. PLANNING
PROPOSITI' )N 5
10
PROPOSITION
PROPOSITION
PROPOSITION
PROPOSITION
PROPOSITION
PROPOSITION
PROPOSITION
11
PROPOSITION
12